New Zealand Legislation: Acts

3 Marine reserves to be maintained in natural state, and public to have right of entry

• (1) It is hereby declared that the provisions of this Act shall have effect for the purpose of preserving, as marine reserves for the scientific study of marine life, areas of New Zealand that contain underwater scenery, natural features, or marine life, of such distinctive quality, or so typical, or beautiful, or unique, that their continued preservation is in the national interest.

  (2) It is hereby further declared that, having regard to the general purpose specified in subsection (1) of this section, marine reserves shall be so administered and maintained under the provisions of this Act that—

  • (a) They shall be preserved as far as possible in their natural state:

  • (b) The marine life of the reserves shall as far as possible be protected and preserved:

  • (c) The value of the marine reserves as the natural habitat of marine life shall as far as possible be maintained:

  • (d) Subject to the provisions of this Act and to the imposition of such conditions and restrictions as may be necessary for the preservation of the marine life or for the welfare in general of the reserves, the public shall have freedom of access and entry to the reserves, so that they may enjoy in full measure the opportunity to study, observe, and record marine life in its natural habitat.

  (3) For the purposes of this section but subject to any authorisation given under section 11(b) of this Act, no person shall fish in a marine reserve except—

  • (a) Persons (not being persons holding a permit issued under Part 4 of the Fisheries Act 1983) authorised by notice in the Gazette given by the Minister after having regard to the purpose specified in subsection (1) of this section; and

  • (b) In accordance with such conditions as to time, place, species of fish, methods, and gear to be used in fishing, as may be specified in the notice; and

  • (c) Where not inconsistent with any conditions imposed under paragraph (b) of this subsection, in compliance with restrictions imposed on fishing by the Fisheries Act 1996 and any regulations made under it.

  (4) Nothing in this section shall apply to prohibit any person from fishing in the reserve in accordance with any conditions imposed by any Order in Council made under section 5 of this Act.

  Subsection (3) (as inserted, as from 14 February 1978, by section 2 Marine Reserves Amendment Act 1977 (1977 No 136)), was substituted, as from 10 April 1990, by section 50 Conservation Law Reform Act 1990 (1990 No 31).

  In subsection (3)(a), Part 3 of the Fisheries Act 1983 has been substituted for Part 1 of the repealed Fisheries Act 1908.

  In subsection (3)(c), the Fisheries Act 1996 has been substituted for the repealed Fisheries Act 1908.

  Subsection (4) was inserted, as from 13 January 1981, by section 2 Marine Reserves Amendment Act 1980 (1980 No 121).